A permanent employment contract, also known as Contrat à Durée Indéterminée (CDI), is an open-ended agreement with no predetermined end date. This is the most common type of employment contract in Chad and offers greater job security for the employee. CDIs provide ongoing employment until terminated by either party with proper notice periods outlined in the Labour Code, typically one month for at least one year of service.

Fixed-Term Employment Contract (Contrat à Durée Déterminée - CDD)

On the other hand, a fixed-term employment contract, or Contrat à Durée Déterminée (CDD), specifies a predetermined start and end date for the employment relationship. These contracts are suitable for temporary positions, project-based work, or seasonal needs.

Maximum Duration

The maximum duration of a CDD can vary depending on the reason for the contract. For instance, it can last up to two years (renewable once) if it's for the replacement of an absent employee. For a specific project or seasonal work, it can last up to three years (renewable once). For a start-up company in its first two years of operation, it can last up to four years (renewable once).

Renewal

The renewal of CDDs must be justified by a valid reason and be done through a written agreement between both parties. There's a limit on the total duration of renewals, which shouldn't exceed the maximum duration allowed for the specific CDD type.

Termination

Early termination before the expiry date requires a valid reason and justification according to labor law, such as serious misconduct by the employee, or mutual agreement.

An employment agreement in Chad should clearly identify both the employer and employee, including their full names, addresses, and identification details. This is in accordance with Article 21 of the Labour Code.

The type of employment contract should be specified, whether it's a Permanent Employment Contract (CDI) or a Fixed-Term Employment Contract (CDD). If it's a CDD, the duration should be outlined. This is based on Article 7 of the Labour Code.

The employee's job title, duties, and responsibilities should be clearly defined, along with the primary work location. If there are any remote work arrangements, these should be detailed.

The employee's gross salary, payment frequency, and any allowances should be outlined, as per Article 74 of the Labour Code. Any benefits offered, such as health insurance, paid leave entitlements, and mandatory social security contributions should be detailed.

Standard working hours per day and week, including rest periods, should be clearly defined. Procedures and compensation rates for overtime work should be established. This is in line with Articles 71 and 77 of the Labour Code.

The probation period duration should be defined, adhering to the legal maximum of three months for both CDIs and CDDs. This is based on Article 23 of the Labour Code.

Procedures for requesting and obtaining paid leave, including annual leave, sick leave, and maternity/paternity leave should be outlined. This is in accordance with Articles 80-82 of the Labour Code.

Ownership of intellectual property created by the employee during their employment should be addressed, as per Article 138 of the Labour Code. A clause regarding confidentiality of sensitive company information should be included, as per Article 21 of the Labour Code.

Grounds and procedures for termination by either party should be outlined, adhering to Chad's Labour Code. Any required severance pay or compensation due in case of termination should be specified. This is based on Articles 34-42 of the Labour Code.

The agreement should be drafted in French, the official language of Chad, as per Article 125 of the Labour Code. It's recommended to include dispute resolution procedures in the contract.

The probationary period in Chad serves as an initial assessment phase for both employers and employees within an employment relationship. It allows them to evaluate suitability before committing to a long-term arrangement. Chad's Labour Code establishes the foundation for probationary periods in employment contracts. The law dictates a uniform maximum duration applicable to both Permanent Employment Contracts (CDIs) and Fixed-Term Employment Contracts (CDDs):

Maximum Duration

The maximum duration of the probationary period is three months. It's important to note that employers cannot extend the probationary period beyond this legal limit.

Purposes of the Probationary Period

The probationary period offers benefits for both employers and employees:

Employer Perspective

From the employer's perspective, the probationary period allows them to evaluate the employee's skills, knowledge, and work ethic to ensure they meet job requirements. It also provides an opportunity to assess the employee's fit within the company culture and team dynamics.

Employee Perspective

From the employee's perspective, the probationary period provides a chance to gain a deeper understanding of the job duties and responsibilities. It also allows them to determine if the work environment aligns with their expectations and career goals.

Key Points to Remember

During the probationary period, the dismissal process can be simpler for both parties compared to a confirmed employee. This means shorter notice periods or termination without requiring justification might apply. Open communication regarding expectations and concerns is crucial for a successful probationary period. Employers should provide adequate training, support, and feedback during the probationary period to help new hires succeed. By effectively utilizing the probationary period, Chadian employers can make informed decisions about confirming employees and build a strong foundation for successful long-term working relationships.

In Chad, employment agreements may contain confidentiality and non-compete clauses to safeguard sensitive business information and potentially curb competition from former employees. However, the application of these clauses varies.

Confidentiality Clause

A confidentiality clause prevents employees from revealing confidential business information to unauthorized third parties. This could include trade secrets, client lists, marketing strategies, or unpublished inventions.

Key Points:

• The agreement should unambiguously define what is considered confidential information.
• The clause should specify the duration of the confidentiality obligations, which could extend beyond the employment term.
• Chad's Labour Code (Article 21) allows employers to take legal action against employees who violate confidentiality obligations.

Non-Compete Clause

A non-compete clause limits an employee's capacity to work for a competitor or establish a competing business after leaving the company.

Legal Considerations in Chad:

• Chad's Labour Code does not explicitly mention non-compete clauses.
• Due to this absence of clear legal precedent, the enforceability of non-compete clauses in Chad is uncertain. Courts may view them as an unreasonable restriction on an employee's right to work.

Alternatives to Non-Compete Clauses:

• Employers might consider non-solicitation clauses, which prevent employees from soliciting the company's clients or employees for a certain period after departure.
• Compared to non-compete clauses, these clauses have a higher likelihood of being enforceable in Chad.